Did you know that
an Ethical Misconduct Grievance against Llano City Attorney Carey
Bovey was filed with the State Bar of Texas?
A Professional Misconduct Grievance against Llano City Attorney Carey
Bovey was submitted to the State Bar of Texas
for his unethical behavior on a judicial review petition, Cause
18504. The claim is that
City Attorney Carey Bovey's misconduct was developed,
in collusion with District Judge Allan
Garrett, to deny access to a judicial review as defined by Texas
Zoning Statute 211.011, for which the outcome was clear and malfeasance
was his only option.
Listed below are claims from the filing showing the
numerous violations of the
Texas
Disciplinary Rules of Professional Conduct.
The complete ethical misconduct complaint filing is posted
here.
Importance to Citizens of Llano:
The City of Llano brazenly violated 3 zoning laws.
These laws protect property owners. Mr. Bovey collaborated with Judge
Garrett by violating 26 laws that protect citizens from city
lawlessness. The City of Llano is in the process of "overhauling" the
entire zoning ordinance in violation of some of the same laws. This will
affect every property owner in Llano. Since the City knowingly will
violate the law, and the judicial system will knowingly violate the law
to support the city, property owners cannot depend on the laws to
protect their rights. So who actually owns the property? With property
taxes, eminent domain, zoning laws, and now a lawless city government
and judicial system, it surely isn't the citizens.
The complete documentation for the zoning violations judicial review are
here.
It is also important to recognize that the City
Attorney's responsibility is to represent the City and not the citizens.
As in this case, City Attorney Bovey is supporting the lies and illegal
actions of City Manager Lewis at the expense of, rather than the best
interest, of the citizens of Llano. This should be managed by the mayor
and council, however Mayor Virdell refuses to put a closed meeting on
the agenda to resolve this issue.
Background:
City Manager, Brenton Lewis, overtly lied to the
Llano Planning and Zoning Commission, lied to the Llano City Council,
and lied to Llano citizens. He even committed aggravated perjury in a
sworn affidavit to the Texas Third Court of Appeals. Llano City Council
violated zoning laws and approved the zoning ordinance change. 79 Llano
Citizens lost their property rights. The City has spent about $20K to
cover-up the violations.
In an attempt to correct the City's violations, a
Petition for Judicial Review was filed with the Llano District Court and
Judge Allan Garrett received the case. A judicial review is a specific,
unique process where the petitioner presents a complaint to a judge, the
judge orders the City to answer the complaint in writing, and the judge
evaluates the law and makes a judgment. It is a very different process
than a lawsuit and the process is specifically articulated in Texas
Statutes.
See other articles on this case
here, here,
and here.
Claims:
City Attorney Carey Bovey's Willful
Misconduct
I assert
that, during 3rd Court of Appeals case 03-13-00580-CV and
Llano District Court Cause 18504, Mr. Bovey demonstrated unethical
behavior as defined by Texas Disciplinary Rules of Professional Conduct
(TDRofPC) and Texas Lawyer’s Creed (TLC) as summarized here with details
following:
1.
Knowingly Making False Statements
of Fact in Newspaper Article –
On 3/26/14, Llano City Attorney Carey Bovey published an extrajudicial
article in the Llano News, regarding an ongoing case, with the intent of
manipulating public opinion and impugning the character, credibility,
and reputation of the pro se opponent. This is socially unethical and a
violation of TDRofPC Rules 3.07(a), 3.07(b)(1), 3.07(c)(2), 4.01,
4.01(a), 4.01(b), 4.04,1.05(d), 3.01.
2.
Ex Parte Contacts
–
Mr. Bovey had ex parte communication with District
Court Judge Allan Garrett
causing Judge Garrett to violate Judicial Conduct Rule
3A(4).
This is a violation of TDRofPC Rules
3.03(a)(1),3.05(a), 3.05(b),
8.04(a)(6).
3.
Facilitating and Committing
Perjury -
Mr. Bovey authenticated, signed, and submitted a perjurious affidavit to
the Texas Third Court of Appeals. When exposed, he justified the perjury
with spurious arguments and obfuscation instead of withdrawing or
correcting the document. This is a violation of TDRofPC Rules
3.03(a)(1), 3.01 Comment ¶3, 3.03(a)(5), 3.03(b), 3.03 Comment ¶2,
1.02(c),
1.02 comment
¶8, 1.15(a)(1), 8.04,
4.01, 4.01(a), 4.01(b), 4.04, 1.05(d), 4.01 Comment
¶3, 8.04(a)(1), 8.04(a)(2),
8.04(a)(3), and TLC §IV (6)
4.
Knowingly Misrepresent,
Mischaracterize, Misquote and Miscite Facts
–
In numerous statements and arguments in his filings
with the 3rd Court of Appeals, District Court Hearingl, and
in an article in the newspaper, Mr. Bovey knowingly misrepresented and
mischaracterized the facts and the law and knowingly misquoted and
miscited facts and the law.
This constitutes dishonesty
toward the tribunal. This is a violation of TDRofPC Rules. 3.03(a)(1),
3.03(a)(5), 4.01, 4.01(a), 4.01(b), 4.04, 8.04(a)(3) and TLC §IV (6).
5.
Took a Position that maximized
costs and unreasonably delayed resolution - Mr. Bovey’s strategy during the entire judicial
review process was to delay and avoid actually answering the judicial
review. Had this been done voluntarily, the City would not have incurred
any legal fees. At the onset, Mr. Bovey knew the City had violated
zoning laws. The simple, ethical, and best solution for the City and
citizens would have been to simply answer the Judicial Review complaint.
This is a violation of TDRofPC Rule 3.02.
6.
Unconscionable Fees & Frivolous
Filings –
Mr. Bovey charged the
City of Llano ~$18,000, to-date, for an appeal where the City was not
involved in the issues of the appeal and the City had nothing at all to
lose or gain. Had the City been properly informed, they would not have
agreed to pursue the action. These fees were unreasonable, excessive,
and unnecessary. Mr. Bovey had the opportunity to correct the legal
violations prior to any legal action having occurred. This can
also be considered frivolous. This is a violation of TDRofPC Rules 3.01,
3.01 Comment ¶3,
3.02.
7.
Conflict of Interest
–
In the interest of some of his clients, Mr. Bovey
declined dismissal of other clients. This is a violation of TDRofPC Rule
1.06(b).
8.
Public embarrassment of the
profession and disrespect to the court
–
Mr. Bovey’s bad behavior is highly visible in Llano
and Burnet County through numerous articles in the local newspapers and
through the LlanoWatch.org website where the
entire episode is chronicled.
This is a violation of the basic objectives of the TDRofPC §VIII and the
TLC.
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